Case law

Johns v. Agrawal

748 So. 2d 514 · Louisiana Court of Appeal · Nov 17, 1999

The United States is liable only to the extent it waives sovereign immunity, here by the Federal Tort Claims Act. … It is well-established that "because the [Medical Malpractice Act] grants immunities or advantages to a special class in derogation of the general rights available to tort victims, it must be strictly construed against limiting

Warner v. Board of Trustees

277 F. Supp. 736 · District Court, E.D. Louisiana · Dec 19, 1967

These cases hold that to confer jurisdiction a complaint must present a substantial federal question and the lack of substantiality may be obvious because previous decisions clearly show the complaint to be without merit. … The case may then be said to have fully established the doctrine that an officer of a state may be enjoined from executing’ a statute of the state which is in conflict with the constitution of the United States, when such

Crochet v. Westminster City Center Prop.

572 So. 2d 720 · Louisiana Court of Appeal · Dec 20, 1990

Application to employee of sub-subcontractor A careful reading of the above statutes, especially the highlighted language, reveals that the Louisiana legislature clearly intended for the exclusive remedy provisions of LSA-R.S … Gervais Favrot Co., 537 So.2d 381 (La.App. 4th Cir.1988), this court noted that LSA-R.S. 23:1061 must be read disjunctively and that the employer qualifies if he proves the existence of a general contract for construction

Pierce Foundations, Inc. v. Jaroy Construction, Inc.

190 So. 3d 298 · Supreme Court of Louisiana · May 3, 2016

Thus, under the 1985 amendments, sureties are “immune” from claims of those who do not qualify as “claimants” under the Act. See La. Prac. Series: La. Constr. … Clearly, La.

Ballex v. Municipal Police Employees' Retirement System

2016 La.App. 1 Cir. 0905 · Louisiana Court of Appeal · Apr 18, 2017

She later filed a supplemental answer to appeal, contending that the trial court further erred in awarding an incorrect amount for the monthly spousal benefit, which she contends was “clearly a clerical error.” … The evidence of record establishes that MPERS' is also a “qualified” plan under section 401 of the Internal Revenue Code, 26 U.S.C. § 401 , entitled “Qualified pension, profit-sharing, and stock bonus plans.”

Bristol ex rel. Child v. Gonzales Police Dep't ex rel. Child

240 So. 3d 232 · Louisiana Court of Appeal · Dec 21, 2017

The purpose of this statute is to provide a qualified statutory immunity from liability to drivers of emergency vehicles, under very specific circumstances. See Rabalais v. … The supreme court went on to examine each section of the statute, and outlined the circumstances in which the driver of an emergency vehicle is granted particular driving privileges, also known as a qualified immunity.

Jones v. Traylor

660 So. 2d 933 · Louisiana Court of Appeal · Aug 23, 1995

XII, § 10 (West 1977) provides: (A) No immunity in contract and tort. … The Patient's Compensation Fund was established and regulated as a specific fund for the benefit of successful malpractice claimants and based upon an annual surcharge levied on all qualified health care providers.

Cormier v. THE Ins. Co.

716 So. 2d 387 · Louisiana Court of Appeal · May 27, 1998

DPSC asserts legislative immunity, discretionary immunity, and the public duty doctrine to support this claim. … Voogt testified that as a rehabilitation specialist and counselor, he was not qualified to prescribe treatment or develop a prognosis.

Bank of New York Mellon v. Smith

14 La.App. 3 Cir. 924 · Louisiana Court of Appeal · Feb 11, 2015

immunity from suit. … Wyatt, then, did not answer the legal question before us, whether petitioners-two employees of a private prison management firm-enjoy a qualified immunity from suit under § 1983.

Opinion Number

Louisiana Attorney General Reports · Nov 26, 2007

If the policies of a health care provider preclude compliance with the declaration of a qualified patient under this Part or preclude compliance with the provisions pertaining to a representative acting on behalf of a qualified … they witnessed the patient's declaration and clearly state what that declaration was.

Buras v. United Gas Pipeline Co.

598 So. 2d 397 · Louisiana Court of Appeal · Mar 31, 1992

Appellant argues that the property in the instant case is remote, undeveloped and non-residential so as to qualify for the statutory immunity. … At trial, plaintiff introduced the testimony of Sonny Starns who was qualified by the court in the field of pipeline construction, maintenance and safety.

Travelers Health Network v. Orleans Parish School Board

842 F. Supp. 236 · District Court, E.D. Louisiana · Jan 7, 1994

Second, even when plaintiff can establish a federal right, the defendant may show that Congress foreclosed any § 1983 remedy for its violation. … First, certain provisions of the Act were designed “to provide assistance and encouragement for the establishment and expansion of health maintenance organizations____” S.Rep.

Owens v. Town of Delhi

469 F. Supp. 2d 403 · District Court, W.D. Louisiana · Jan 4, 2007

Defendants claim that Owens consented to search, and alternatively, that Officer Nielsen is entitled to qualified immunity because his conduct was objectively reasonable under the circumstances. … Assuming that the plaintiff has raised a genuine issue of material fact for trial on the constitutional issue, the court must then address the qualified immunity issue: whether it was clearly established that the officer

Marrogi v. Howard

805 So. 2d 1118 · Supreme Court of Louisiana · Jan 15, 2002

The correctness of our view lies in the facts, alleged and established, in the instant case. … Clearly then, Dr.

Lopez v. US Sprint Communications Co.

973 So. 2d 819 · Louisiana Court of Appeal · Dec 5, 2007

The plaintiffs also aver that the district court misapplied the theory of immunity from tort liability. … In the matter sub judice, Sprint has shown an absence of factual support for the plaintiffs' claim of tort liability and has established immunity pursuant to the statutory employer defense.

Stein v. City of Gretna

250 So. 3d 330 · Louisiana Court of Appeal · May 30, 2018

Stein alleges the trial court erred by: 1) finding that Gretna and its employees qualified for limited immunity pursuant to La. … R.S. 37:1732(C) in order to qualify for immunity. Accordingly, we find the trial court erred in qualifying Ms. Kerns for the immunity provided under La.

Moore v. Smith

360 F. Supp. 3d 388 · District Court, E.D. Louisiana · Dec 19, 2018

on the grounds of qualified immunity. … To defeat the qualified immunity defense at this stage, Plaintiffs must plead sufficient facts to make it plausible that Defendant's conduct: "(1) violated a 'clearly established federal constitutional right;' and (2) was

Justin Irwin v. John Bradley Brent

Louisiana Court of Appeal · Jul 19, 2024

The Landry case explained that when the defendant does not enjoy any qualifying privilege or immunity, the courts must perform a comparative fault analysis. … Only when it is established that a defendant’s retaliatory force was unreasonable and not qualifying for a defense or immunity, would a comparative fault analysis be required.

Saine v. City of Scott

819 So. 2d 496 · Louisiana Court of Appeal · Jun 12, 2002

After thorough review of the record, we cannot say the trial court's findings were clearly wrong or unreasonable. … The suit was removed to federal court and later dismissed on grounds of qualified immunity. The negligence claim was re-filed in state court, ensuing into the current proceedings.

Wood v. State ex rel. Department of Wildlife & Fisheries

989 So. 2d 280 · Louisiana Court of Appeal · Aug 13, 2008

Furthermore, he has never been qualified as an expert in any Louisiana court. … was not entitled to immunity under La.